What are ECHA’s compliance checks and how do they affect REACH compliance?

What are ECHA’s compliance checks

The European Chemicals Agency (ECHA) has recently announced that they will be increasing their REACH registration compliance check activities. If your company has obtained a registration in the past, ECHA may examine it in order to verify that the information provided is compliant with the legal requirements of the REACH Regulation. Compliance checks may evaluate all information, from the substance identity description through to information related to the protection of human health and the environment.

ECHA may open a compliance check on any dossier at any time in order to verify that the information submitted meets the mandatory requirements.

How do these compliance checks affect companies?

ECHA has stated that they will evaluate registration dossiers with the aim of improving companies’ compliance with REACH and are targeting the assessment of 20% of all submitted dossiers. This is a significant increase from the current 5% minimum target and this will mean approximately 30% of all registered chemicals will be examined. Now that the 2018 registration deadline has passed, ECHA will focus on improving compliance and a proposed implementing regulation will put concrete measures in place in respect of updating REACH registrations.

Consequently, it is more likely now than ever that your registration dossier could be checked for compliance. Recently, Germany’s Friends of the Earth (Bund) undertook their own review of the information submitted by companies for registration and claimed that hundreds were non-compliant. Bund’s main assessment criteria was to highlight missing information but ECHA may also find other issues.

“We strongly advise that companies are proactive in managing their obligations under the REACH Regulation, particularly ensuring compliance,” says Steven Buchanan, Senior Chemistry & REACH Consultant at TSG Consulting and former Scientific Officer in the substance identity and data sharing unit at ECHA. “Responding to issues after they arrive will put your company at a distinct disadvantage. You could also run into other issues such as availability of study time in laboratories. Non-compliance may mean that the validity of your registration, and ultimately your ability to supply your substance on to the EU/EEA market, is put at risk.”

How can TSG help?

TSG Consulting has broad experience in reviewing registration dossiers against the data requirements specified in the REACH Regulation, as well as advising companies on the best way to address them to ensure compliance.

In addition, should you receive a draft decision letter from ECHA highlighting incompliances in your registration dossier, we can assist you in addressing them within the specified deadline.